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Madras High Court Weekly Round-Up: June 17 to June 23, 2024

 

Madras High Court Weekly Round-Up: June 17 to June 23, 2024

Live-In Relationship and Inheritance Rights

The Madras High Court ruled that a live-in relationship between a married man and an unmarried woman does not qualify as a relationship "in the nature of marriage" under existing laws, thus not granting inheritance rights to the partners. The court emphasized that the relationship did not meet the societal and legal criteria for marriage, such as voluntary cohabitation and public acknowledgment as spouses. This decision underscores the court's stance on the legal recognition of live-in relationships involving married individuals.

Conditional Bail for Temple Priest

Karthick Munusamy, a temple priest accused of sexual harassment and threats, was granted conditional bail by the Madras High Court. The court directed him to regularly report to the investigating officer and cooperate with the investigation. The case involved allegations of sexual harassment following the consumption of a spiked drink offered by Munusamy, highlighting the court's careful balancing of granting bail while ensuring justice for the victim.

Dr. Subbiah Murder Case Acquittal

The Madras High Court set aside the convictions of nine individuals in the Dr. Subbiah murder case, criticizing the trial court for its failure to properly appreciate evidence and legal principles. The court's decision to acquit the accused and release them unless required for further proceedings reflects the judiciary's commitment to rectifying judicial oversights and ensuring fair trials.

Cancellation of Appointment for Non-Following Communal Rotation Guidelines

The court nullified the cancellation of a Jeep Driver's appointment, which was originally allocated to a Scheduled Castes community member under communal rotation guidelines. The court ruled that the employee should not be penalized for the appointing authority's errors and emphasized that the government, as a model employer, must adhere to fair practices and rectify procedural mistakes without unfairly affecting employees.

Sensitivity in Preventive Detention Cases

The Madras High Court stressed the importance of sensitivity and promptness in handling representations related to preventive detention. The court noted that delays in processing such representations could deny detainees their constitutional rights, underscoring the need for minimum safeguards to protect personal liberty in preventive detention cases.

Validity of One-Year PG Degree for Recruitment

In a significant ruling, the court held that numerical illustrations in legal provisions should not override the actual provisions. Consequently, the Tamil Nadu Public Service Commission's rejection of a one-year Master of Library and Information Science degree was deemed inappropriate, supporting the recognition of such degrees for recruitment purposes and preventing overly rigid interpretations of educational qualifications.

Adoption and Legal Heirship

The court declared that the biological family of an adopted child cannot claim heirship over the child's inherited property from the adoptive family. This ruling reinforces the legal principle that adoption severs ties with the biological family, establishing the adopted child's legal relationships solely within the adoptive family.

Penalty for Wrongful Availment of ITC

The court imposed a minimal penalty on Greenstar Fertilisers Limited for wrongful availing of input tax credit (ITC), noting the absence of fraud or willful misstatement by the company. This decision reflects the court's balanced approach in distinguishing between technical errors and deliberate tax evasion, aiming for fair penalties in cases of unintentional infractions.

Arrest Warrant in Film Industry Dispute

An arrest warrant was issued against film producer K Murugan Kumar for failing to disclose his assets in a case involving unpaid dues to actor Arvind Swami. The court's stringent action highlights the judiciary's intolerance towards non-compliance with court orders and the importance of upholding financial obligations in contractual disputes.

Advocates' Welfare Fund

The court urged the state government to ensure timely allocation of funds for the Advocates' Welfare Fund, recognizing lawyers' role as public service providers. This ruling aims to secure financial support for advocates, emphasizing the state's responsibility to uphold welfare schemes that support the legal profession.

Kallakurichi Hooch Tragedy

In response to a petition seeking a CBI probe into deaths caused by illicit liquor in Kallakurichi, the court directed the state government to submit a detailed action report. The court's directive underscores the gravity of the issue and the necessity for stringent measures to prevent such tragedies, emphasizing the state's accountability in safeguarding public health and safety.

Suo Moto Revisions in Corruption Cases

The court reserved its orders on suo moto revision petitions challenging the acquittal of former ministers and ex-CM O Paneerselvam in corruption cases. This ongoing judicial scrutiny reflects the court's proactive stance in ensuring accountability and preventing the misuse of legal provisions to evade justice in high-profile corruption cases.

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